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  #11  
Old 07-29-2014, 03:32 AM
TTS TTS is offline
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You have to weigh pro's and cons here. Not sure about your state but in Wisconsin you can't get unemployment if you're terminated for a failed drug test. With that you could test him, hope he fails and get rid of him. Or you could use the tardiness and poor performance and fire him without a drug test and pay the unemployment. If he passes a drug test and you choose to fire him after you will be treading on marginally thin ice.
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  #12  
Old 07-29-2014, 08:13 AM
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grassmonkey0311 grassmonkey0311 is online now
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Quote:
Originally Posted by snomaha View Post
Coming in late frequently seems like a reason to terminate employment. Have you documented the occurrences and written him up?

I'm all about compassion, but impaired on the job is a huge liability to you and your company.
I agree with this ^^^^ and Easy-Lift Guy.

You have a much better chance at getting him for being late, rather than for drugs. By law, if someone comes out and says they have a drug problem, you'll be in a world of hurt. They have to enter a drug rehab, you have to keep them as an employee, blah blah blah....it creates a real nightmare of a problem.

Do you have anything in your handbook for a zero drug policy?
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  #13  
Old 07-29-2014, 08:32 AM
PenningsLandscaping PenningsLandscaping is offline
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Don't fire for drugs, that's for sure. Write him up for everything he does and then cut him loose. He's a massive liability.
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  #14  
Old 07-29-2014, 08:51 AM
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grassmonkey0311 grassmonkey0311 is online now
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Originally Posted by PenningsLandscaping View Post
Don't fire for drugs, that's for sure. Write him up for everything he does and then cut him loose. He's a massive liability.
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Ugh. I still have nightmares about the time I did it.
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  #15  
Old 07-29-2014, 09:13 AM
PenningsLandscaping PenningsLandscaping is offline
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Originally Posted by grassmonkey0311 View Post
Ugh. I still have nightmares about the time I did it.
Sorry you had a bad experience with firing over drugs. I guess if you have a handbook that clearly states a zero tolerance policy you can avoid all the bs you dealt with?
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  #16  
Old 07-29-2014, 09:34 AM
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grassmonkey0311 grassmonkey0311 is online now
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Quote:
Originally Posted by PenningsLandscaping View Post
Sorry you had a bad experience with firing over drugs. I guess if you have a handbook that clearly states a zero tolerance policy you can avoid all the bs you dealt with?
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Even with zero tolerance it can still be tough to do, but it can be done.

My experience was with a previous company I worked for. Long story short, I fired him for drugs (he loved coke!). Then he states he has a drug problem, enters rehab. He has to stay on payroll, uses up his vacation time, then FMLA. Comes back to work, makes sure he shows up on time, but still screws off like before. The problem is, I can't fire him because I'll be "targeting" him. I can't make him take a test because I know of his previous history. Owner of the company doesn't want to take any chances in court so he lets the guy stay, even with a zero tolerance policy (too costly, time consuming, etc) During his time back, we never actually saw him use, or could prove he was using again. We were stuck with a bad egg.
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  #17  
Old 07-29-2014, 10:36 AM
PenningsLandscaping PenningsLandscaping is offline
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Quote:
Originally Posted by grassmonkey0311 View Post
Even with zero tolerance it can still be tough to do, but it can be done.

My experience was with a previous company I worked for. Long story short, I fired him for drugs (he loved coke!). Then he states he has a drug problem, enters rehab. He has to stay on payroll, uses up his vacation time, then FMLA. Comes back to work, makes sure he shows up on time, but still screws off like before. The problem is, I can't fire him because I'll be "targeting" him. I can't make him take a test because I know of his previous history. Owner of the company doesn't want to take any chances in court so he lets the guy stay, even with a zero tolerance policy (too costly, time consuming, etc) During his time back, we never actually saw him use, or could prove he was using again. We were stuck with a bad egg.
That's insane.
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  #18  
Old 07-29-2014, 12:17 PM
Dr. Cornwallis Dr. Cornwallis is offline
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I'd can him immediately. I have no problem with recreational marijuana use so long as it doesn't affect job performance, however if he is using hard drugs like pills and heroin, etc... That can be dangerous. Plus he's not showing up on time. It's time for him to move on. Something really bad could come about from keeping someone like this around.
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  #19  
Old 07-29-2014, 09:19 PM
recycledsole recycledsole is online now
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Yea document his poor performance, wr ite him up then fire him. America has some insane laws
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  #20  
Old 07-30-2014, 09:52 PM
Mark Oomkes Mark Oomkes is online now
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Quote:
Originally Posted by easy-lift guy View Post
Find out what the law for your state prescribes for employee drug testing. Once and only when you have established that your company has the law protecting your rights have what ever testing done ASAP.
If positive sack him and take your crew out for lunch for protecting your intrest and their jobs.
If negative monitor this employee more carefully in the future and retest as needed.
Protecting your livelihood and the jobs of your employees by sacking employees that are under the influence of anything is just good business sense.
easy-lift guy
Listen to easy-lift. You request him to take a drug test because someone thinks so--that isn't trained--and you have nothing in your policies, you are totally screwed.

Quote:
Originally Posted by sven1277 View Post
This is just conjecture from my employees. They think either pills or heroin. He has left work early on multiple occasions sick to his stomach. He has come in late frequently. Like 12-1pm. They say sometimes his mannerisms are suspect. Today, my crew leader saw him from afar talking to wither person at a low income apartment complex we mow for just a quick min. He said it looked like a quick exchange. 20 min later he saw another quick exchange with the same guy. Another employee who has worked beside him said that the employee in question dis confess he had used pills and heroin in the past. So no hard evidence but a lot of circumstantial evidence.
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Fire him for being late. Immediately. You have valid reasoning. Do it.
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